Rep. Elaine Nekritz

Filed: 3/9/2011

 

 


 

 


 
09700HB3424ham002LRB097 07437 JDS 52534 a

1
AMENDMENT TO HOUSE BILL 3424

2    AMENDMENT NO. ______. Amend House Bill 3424 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Electronic Products Recycling and Reuse Act
5is amended by changing Sections 5, 10, 30, 55, 60, and 65 as
6follows:
 
7    (415 ILCS 150/5)
8    Sec. 5. Findings and purpose.
9    (a) The General Assembly finds all of the following:
10        (1) Electronic products are the fastest growing
11    portion of the solid waste stream. In 2007, 3,000,000 2005,
12    2,600,000 tons of electronic products became obsolete yet
13    only 14% 13% of those products were recycled.
14        (2) Many electronic products contain lead, mercury,
15    cadmium, hexavalent chromium, and other materials that
16    pose environmental and health risks that must be managed.

 

 

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1        (3) Many obsolete electronic products can be recycled
2    or refurbished for reuse and then returned to the economic
3    mainstream in the form of raw materials or products.
4        (4) Electronic products contain metals, plastics, and
5    leaded glass that have resale value. The reuse of these
6    components conserves natural resources and energy, and the
7    reuse also reduces air and water pollution and greenhouse
8    gas emissions.
9        (5) The A management of obsolete residential products
10    is necessary to prioritize place the reuse and recycling of
11    obsolete residential electronic products as the preferred
12    management strategy over incineration and landfill
13    disposal.
14        (6) The 2010 Recycling Economic Information Study
15    Update for Illinois estimates that the total economic
16    impact of recycling and reusing obsolete electronic
17    products resulted in the creation of nearly 8,000 jobs and
18    $622 million in annual receipts. The Illinois Recycling
19    Economic Information Study of 2001 estimates that the total
20    economic impact of establishing statewide recycling and
21    reuse programs for residential electronic products may
22    result in the creation of nearly 4,000 new jobs and $740
23    million in annual receipts.
24        (7) The State-appointed Computer Equipment Disposal
25    and Recycling Commission issued a final report in May 2006
26    recommending legislative, regulatory, or other actions to

 

 

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1    properly address the recycling and reuse of obsolete
2    residential electronic products.
3    (b) The purpose of this Act is to set forth procedures by
4which the recycling and processing for reuse of covered
5electronic devices will be accomplished in Illinois.
6(Source: P.A. 95-959, eff. 9-17-08.)
 
7    (415 ILCS 150/10)
8    Sec. 10. Definitions. As used in this Act:
9    "Agency" means the Environmental Protection Agency.
10    "Cathode-ray tube" means a vacuum tube or picture tube used
11to convert an electronic signal into a visual image, such as a
12television or computer monitor.
13    "Collector" means a person who receives covered electronic
14devices or eligible electronic devices directly from a
15residence for recycling or processing for reuse. "Collector"
16includes, but is not limited to, manufacturers, recyclers, and
17refurbishers who receive CEDs or EEDs directly from the public.
18    "Computer", often referred to as a "personal computer" or
19"PC", means a desktop or notebook computer as further defined
20below and used only in a residence, but does not mean an
21automated typewriter, electronic printer, mobile telephone,
22portable hand-held calculator, portable digital assistant
23(PDA), MP3 player, or other similar device. "Computer" does not
24include computer peripherals, commonly known as cables, mouse,
25or keyboard. "Computer" is further defined as either:

 

 

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1        (1) "Desktop computer", which means an electronic,
2    magnetic, optical, electrochemical, or other high-speed
3    data processing device performing logical, arithmetic, or
4    storage functions for general purpose needs that are met
5    through interaction with a number of software programs
6    contained therein, and that is not designed to exclusively
7    perform a specific type of logical, arithmetic, or storage
8    function or other limited or specialized application.
9    Human interface with a desktop computer is achieved through
10    a stand-alone keyboard, stand-alone monitor, or other
11    display unit, and a stand-alone mouse or other pointing
12    device, and is designed for a single user. A desktop
13    computer has a main unit that is intended to be
14    persistently located in a single location, often on a desk
15    or on the floor. A desktop computer is not designed for
16    portability and generally utilizes an external monitor,
17    keyboard, and mouse with an external or internal power
18    supply for a power source. Desktop computer does not
19    include an automated typewriter or typesetter; or
20        (2) "Notebook computer", which means an electronic,
21    magnetic, optical, electrochemical, or other high-speed
22    data processing device performing logical, arithmetic, or
23    storage functions for general purpose needs that are met
24    through interaction with a number of software programs
25    contained therein, and that is not designed to exclusively
26    perform a specific type of logical, arithmetic, or storage

 

 

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1    function or other limited or specialized application.
2    Human interface with a notebook computer is achieved
3    through a keyboard, video display greater than 4 inches in
4    size, and mouse or other pointing device, all of which are
5    contained within the construction of the unit that
6    comprises the notebook computer; supplemental stand-alone
7    interface devices typically can also be attached to the
8    notebook computer. Notebook computers can use external,
9    internal, or batteries for a power source. Notebook
10    computer does not include a portable hand-held calculator,
11    or a portable digital assistant or similar specialized
12    device. A notebook computer has an incorporated video
13    display greater than 4 inches in size and can be carried as
14    one unit by an individual. A notebook computer is sometimes
15    referred to as a laptop computer.
16    "Computer monitor" means an electronic device that is a
17cathode-ray tube or flat panel display primarily intended to
18display information from a computer and is used only in a
19residence.
20    "Covered electronic device" or "CED" means any computer,
21computer monitor, television, or printer that is taken out of
22service from a residence in this State regardless of purchase
23location. "Covered electronic device" does not include any of
24the following:
25        (1) an electronic device that is a part of a motor
26    vehicle or any component part of a motor vehicle assembled

 

 

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1    by or for a vehicle manufacturer or franchised dealer,
2    including replacement parts for use in a motor vehicle;
3        (2) an electronic device that is functionally or
4    physically part of a larger piece of equipment or that is
5    taken out of service from an industrial, commercial
6    (including retail), library checkout, traffic control,
7    kiosk, security (other than household security),
8    governmental, agricultural, or medical setting, including
9    but not limited to diagnostic, monitoring, or control
10    equipment; or
11        (3) an electronic device that is contained within a
12    clothes washer, clothes dryer, refrigerator, refrigerator
13    and freezer, microwave oven, conventional oven or range,
14    dishwasher, room air conditioner, dehumidifier, water
15    pump, sump pump, or air purifier.
16To the extent allowed under federal and State laws and
17regulations, a CED that is being collected, recycled, or
18processed for reuse is not considered to be hazardous waste,
19household waste, solid waste, or special waste.
20    "Developmentally disabled", as defined by the Illinois
21Department of Human Services, Division of Developmental
22Disabilities Program Manual, means having mental retardation
23or a related condition. For the purposes of this Act:
24        (1) "Mental retardation" means significantly
25    subaverage general intellectual functioning as well as
26    deficits in adaptive behavior that manifested before age

 

 

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1    22. A person's general intellectual functioning is
2    significantly subaverage if that person has an
3    intelligence quotient (IQ) of 70 or below on standardized
4    measures of intelligence. This upper limit, however, may be
5    extended upward depending on the reliability of the
6    intelligence test used.
7        (2) "Related condition" means a severe, chronic
8    disability that (i) is attributable to cerebral palsy,
9    epilepsy, or any other condition, other than mental
10    illness, (ii) is found to be closely related to mental
11    retardation because the condition results in impairment of
12    general intellectual functioning or adaptive behavior
13    similar to that of a person with mental retardation, and
14    (iii) requires treatment or services similar to those
15    required for persons with mental retardation. means having
16    a severe disability, as defined by the Office of
17    Rehabilitation Services of the Illinois Department of
18    Human Services, that can be expected to result in death or
19    that has lasted, or is expected to last, at least 12 months
20    and that prevents working at a "substantial gainful
21    activity" level.
22    "Dismantling" means the demanufacturing and shredding of a
23CED.
24    "Eligible electronic device" or "EED" means any of the
25following electronic products taken out of service from a
26residence in this State regardless of purchase location: mobile

 

 

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1telephone; computer cable, mouse, or keyboard; stand-alone
2facsimile machine; MP3 player; portable digital assistant
3(PDA); video game console, video cassette recorder/player,
4digital video disk player, or similar video device; zip drive;
5or scanner. To the extent allowed under federal and state laws
6and regulations, an EED that is being collected, recycled, or
7processed for reuse is not considered to be hazardous waste,
8household waste, solid waste, or special waste.
9    "Low income children and families" mean those children and
10families that are subject to the most recent version of the
11United States Department of Health and Human Services Federal
12Poverty Guidelines.
13    "Manufacturer" means a person, or a successor in interest
14to a person, under whose brand or label a CED is or was sold at
15retail. For CEDs sold at retail under a brand or label that is
16licensed from a person who is a mere brand owner and who does
17not sell or produce the CED, the person who produced the CED or
18his or her successor in interest is the manufacturer. For CEDs
19sold that were at retail under the brand or label of both the
20retail seller and the person that produced the CED, the person
21that produced the CED, or his or her successor in interest, is
22the manufacturer. A retail seller of CEDs may elect to be the
23manufacturer of one or more CEDs if the retail seller provides
24written notice to the Agency that it is accepting
25responsibility as the manufacturer of the CED under this Act
26and identifies the CEDs for which it is electing to be the

 

 

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1manufacturer.
2    "Municipal joint action agency" means a municipal joint
3action agency created under Section 3.2 of the
4Intergovernmental Cooperation Act.
5    "Orphan CEDs" means those CEDs that are returned for
6recycling, or processing for reuse, whose manufacturer cannot
7be identified, or whose manufacturer is no longer conducting
8business and has no successor in interest.
9    "Person" means any individual, partnership,
10co-partnership, firm, company, limited liability company,
11corporation, association, joint stock company, trust, estate,
12political subdivision, State agency, or any other legal entity,
13or a legal representative, agent, or assign of that entity.
14    "Printer" means desktop printers, multifunction printer
15copiers, and printer/fax combinations taken out of service from
16a residence that are designed to reside on a work surface, and
17include various print technologies, including without
18limitation laser and LED (electrographic), ink jet, dot matrix,
19thermal, and digital sublimation, and "multi-function" or
20"all-in-one" devices that perform different tasks, including
21without limitation copying, scanning, faxing, and printing.
22Printers do not include floor-standing printers, printers with
23optional floor stand, point of sale (POS) receipt printers,
24household printers such as a calculator with printing
25capabilities or label makers, or non-stand-alone printers that
26are embedded into products that are not CEDs.

 

 

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1    "Processing for reuse" means any method, technique, or
2process by which CEDs or EEDs that would otherwise be disposed
3of or discarded are instead separated, processed, and returned
4to their original intended purposes or to other useful purposes
5as electronic devices. "Processing for reuse" includes the
6collection and transportation of CEDs or EEDs.
7    "Program Year" means a calendar year. The first program
8year is 2010.
9    "Recycler" means a person who engages in the recycling of
10CEDs or EEDs, but does not include telecommunications carriers,
11telecommunications manufacturers, or commercial mobile service
12providers with an existing recycling program.
13    "Recycling" means any method, technique, or process by
14which CEDs or EEDs that would otherwise be disposed of or
15discarded are instead collected, separated, or processed and
16are returned to the economic mainstream in the form of raw
17materials or products. "Recycling" includes the collection,
18transportation, dismantling, and shredding of the CEDs or EEDs.
19    "Refurbisher" means any person who processes CEDs or EEDs
20for reuse, but does not include telecommunications carriers,
21telecommunications manufacturers, or commercial mobile service
22providers with an existing recycling program.
23    "Residence" means a dwelling place or home in which one or
24more individuals live.
25    "Retailer" means a person who sells, rents, or leases,
26through sales outlets, catalogues, or the Internet, computers,

 

 

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1computer monitors, printers, or televisions at retail to
2individuals in this State. For purposes of this Act, sales to
3individuals at retail are considered to be sales for
4residential use. "Retailer" includes, but is not limited to,
5manufacturers who sell computers, computer monitors, printers,
6or televisions at retail directly to individuals in this State.
7    "Sale" means any retail transfer of title for consideration
8of title including, but not limited to, transactions conducted
9through sales outlets, catalogs, or the Internet or any other
10similar electronic means but does not mean financing or
11leasing.
12    "Television" means an electronic device (i) containing a
13cathode-ray tube or flat panel screen the size of which is
14greater than 4 inches when measured diagonally, (ii) that is
15intended to receive video programming via broadcast, cable, or
16satellite transmission or to receive video from surveillance or
17other similar cameras, and (iii) that is used only in a
18residence.
19    "Underserved counties" means those counties so identified
20in Section 60.
21(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
22    (415 ILCS 150/30)
23    Sec. 30. Manufacturer responsibilities.
24    (a) Prior to April 1, 2009 for the first program year, and
25by October 1 for program year 2011 and thereafter,

 

 

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1manufacturers who offer whose computers, computer monitors,
2printers, or televisions for sale are sold in this State must
3register with the Agency. The registration must be submitted in
4the form and manner required by the Agency. The registration
5must include, without limitation, all of the following:
6        (1) a list of all of the manufacturer's brands of
7    computers, computer monitors, printers, or televisions to
8    be offered for sale in the next program year;
9        (2) for manufacturers of both televisions and
10    computers, computer monitors, or printers, an
11    identification of whether, for residential use, (i)
12    televisions or (ii) computers, computer monitors, and
13    printers, represent the larger number of units sold for the
14    manufacturer; and
15        (3) a statement disclosing whether: (A) any computer,
16    computer monitor, printer, or television sold in this State
17    exceeds the maximum concentration values established for
18    lead, mercury, cadmium, hexavalent chromium,
19    polybrominated biphenyls (PBBs), and polybrominated
20    diphenyl ethers (PBDEEs) under the RoHS (restricting the
21    use of certain hazardous substances in electrical and
22    electronic equipment) Directive 2002/95/EC of the European
23    Parliament and Council and any amendments thereto and, if
24    so, an identification of that computer, computer monitor,
25    printer, or television; or (B) the manufacturer has
26    received an exemption from one or more of those maximum

 

 

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1    concentration values under the RoHS Directive that has been
2    approved and published by the European Commission.
3    If, during the program year, a manufacturer's computer,
4computer monitor, printer, or television is sold or offered for
5sale in Illinois under a new brand that is not listed in the
6manufacturer's registration, then, within 30 days after the
7first sale or offer for sale under the new brand, the
8manufacturer must amend its registration to add the new brand.
9    (b) Prior to July 1, 2009 for the first program year, and
10by the November 1 preceding program years 2011 and later, all
11manufacturers whose computers, computer monitors, printers, or
12televisions are offered for sale sold in the State shall submit
13to the Agency, at an address prescribed by the Agency, the
14registration fee for the next program year. The registration
15fee for program years year 2010 and 2011 is $5,000. In program
16year 2012, if, during the preceding program year, a
17manufacturer sold 250 or fewer computers, computer monitors,
18printers, and televisions in the State, then the registration
19fee for that manufacturer is $1,250. In each program year after
202012, if, in the preceding program year, a manufacturer sold
21250 or fewer computers, computer monitors, printers, and
22televisions in the State, then the registration fee for that
23manufacturer in that year is the fee that applied in the
24previous year to manufacturers that sold that number of items,
25increased by the applicable inflation factor as described
26below. In program year 2012, if, during the preceding program

 

 

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1year, a manufacturer sold 251 or more computers, computer
2monitors, printers, and televisions in the State, then the
3registration fee for that manufacturer in that year is $5,000.
4In each program year after 2012, if, in the preceding program
5year, a manufacturer sold 251 or more computers, computer
6monitors, printers, and televisions in the State, then the
7registration fee for that manufacturer in that year is the fee
8that applied in the previous year to manufacturers that sold
9that number of items, increased by the applicable inflation
10factor as described below. For program years 2013 2011 and
11later, the applicable registration fee is increased each year
12by an inflation factor determined by the annual Implicit Price
13Deflator for Gross National Product, as published by the U.S.
14Department of Commerce in its Survey of Current Business. The
15inflation factor must be calculated each year by dividing the
16latest published annual Implicit Price Deflator for Gross
17National Product by the annual Implicit Price Deflator for
18Gross National Product for the previous year. The inflation
19factor must be rounded to the nearest 1/100th, and the
20resulting registration fee must be rounded to the nearest whole
21dollar. No later than October 1 of each program year, the
22Agency shall post on its website the registration fee for the
23next program year.
24    (c) A manufacturer whose computers, computer monitors,
25printers, or televisions are first sold or offered for sale in
26this State on or after January 1 of a program year must

 

 

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1register with the Agency within 30 days after the first sale in
2accordance with subsection (a) of this Section and submit the
3registration fee required under subsection (b) of this Section
4prior to the manufacturer's computers, computer monitors,
5printers, or televisions being sold or offered for sale.
6    (d) Each manufacturer shall recycle or process for reuse
7CEDs and EEDs whose total weight equals or exceeds the
8manufacturer's individual recycling and reuse goal set forth in
9Section 19 of this Act. Individual consumers may not be charged
10an end-of-life fee when bringing their CEDs and EEDs to
11permanent or temporary collection locations, unless a
12financial incentive of equal or greater value, such as a
13coupon, is provided. Individual consumers shall not be charged
14a fee for the destruction or sanitization of data on hard
15drives and other data storage devices. Collectors may charge a
16fee for premium services such as curbside collection, home
17pick-up, or a similar method of collection.
18    When determining whether a manufacturer has met or exceeded
19its individual recycling and reuse goal set forth in Section 19
20of this Act, all of the following adjustments must be made:
21        (1) The total weight of CEDs processed for reuse by the
22    manufacturer, its recyclers, or its refurbishers for reuse
23    is quadrupled doubled.
24        (2) The total weight of CEDs is quadrupled tripled if
25    they are donated for reuse by the manufacturer to a primary
26    or secondary public education institution the majority of

 

 

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1    whose students are considered low income or
2    developmentally disabled or to a not-for-profit entity
3    that is established under Section 501(c)(3) of the Internal
4    Revenue Code of 1986 and whose principal mission is to
5    assist low-income children or families or to assist the
6    developmentally disabled in Illinois. This subsection
7    applies only to CEDs for which the manufacturer has
8    received a written confirmation that the recipient has
9    accepted the donation. Copies of all written confirmations
10    must be submitted in the annual report required under
11    Section 30.
12        (3) The total weight of CEDs collected by manufacturers
13    free of charge in underserved counties is doubled. This
14    subsection applies only to CEDs that are documented by
15    collectors as being collected or received free of charge in
16    underserved counties. This documentation must include,
17    without limitation, the date and location of collection or
18    receipt, the weight of the CEDs collected or received, and
19    an acknowledgement by the collector that the CEDs were
20    collected or received free of charge. Copies of the
21    documentation must be submitted in the annual report
22    required under subsection (h), (i), (j), (k), or (l) of
23    Section 30.
24        (4) The total weight of CEDs will be tripled if they
25    are collected, recycled, or refurbished for a manufacturer
26    by a not-for-profit entity the majority of whose employees

 

 

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1    are developmentally disabled. A manufacturer that uses a
2    not-for-profit recycler or refurbisher the majority of
3    whose employees are developmentally disabled shall submit
4    documentation in the annual report required under Section
5    30 identifying the name, location, and length of service of
6    the entity that qualifies for credit under this subsection.
7    (e) Manufacturers of computers, computer monitors, or
8printers, either individually or collectively, shall hire an
9independent third-party auditor to perform statistically
10significant return share samples of CEDs received by recyclers
11and refurbishers for recycling or processing for reuse. Each
12third-party auditor shall perform a return share sample of CEDs
13for at least one 8-hour period, once a quarter during the
14program year at the facility of each registered recycler and
15refurbisher under contract with the manufacturer or group of
16manufacturers that has hired the auditor. The audit shall
17contain the following data:
18        (1) the number and weight of CEDs, sorted by brand name
19    and product type, including a category for orphan CEDs;
20        (2) the total weight of the sample by product type;
21        (3) the date, location, and time of the sampling;
22        (4) the name or names of the manufacturer for whom the
23    recycler is performing activities under this Act; and
24        (5) a certification by the third-party auditor that the
25    sampling is statistically significant and, if not, an
26    explanation as to what occurred to render the sampling

 

 

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1    insignificant.
2    The manufacturer shall notify the Agency 30 days prior to
3the third-party auditor's return share sampling by providing
4the Agency with the time and date on which the third-party
5auditor will perform the return share sample. The Agency may,
6at its discretion, be present at any sampling event and may
7audit the methodology and the results of the third-party
8auditor.
9    No less than 30 days after the close of each calendar
10quarter, the manufacturer shall submit to the Agency the
11results of the third-party samplings conducted during the
12quarter. The results shall be submitted in the form and manner
13required by the Agency.
14    (f) Manufacturers shall ensure that only recyclers and
15refurbishers that have registered with the Agency are used to
16meet the individual recycling and reuse goals set forth in this
17Act.
18    (g) Manufacturers shall ensure that the recyclers and
19refurbishers used to meet the individual recycling and reuse
20goals set forth in this Act shall, at a minimum, comply with
21the standards set forth under subsection (d) of Section 50 of
22this Act. By November 1, 2011 and every November 1 thereafter,
23manufacturers shall submit a document, as prescribed by the
24Agency, listing each registered recycler and refurbisher that
25will be used to meet the manufacturer's annual CED recycling
26and reuse goal and certifying that those recyclers or

 

 

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1refurbishers comply with the standards set forth in subsection
2(d) of Section 50.
3    (h) By August 15, 2009, television manufacturers shall
4submit to the Agency, in the form and manner required by the
5Agency, a report that contains the total weight of televisions
6sold under each of the manufacturer's brands to individuals at
7retail in this State, as set forth in the reports to
8manufacturers by retailers under subsection (c) of Section 40.
9    (i) No later than September 1, 2010, television
10manufacturers must submit to the Agency, in the form and manner
11required by the Agency, a report for the period January 1, 2010
12through June 30, 2010 that contains both of the following:
13        (1) The total weight of televisions sold under each of
14    the manufacturer's brands to individuals at retail in this
15    State, from one of the following 2 sources, with the
16    manufacturer indicating in the report which of the 2 data
17    sources was used, and, if a national sales data report was
18    used, the name of the national sales data source:
19            (A) the manufacturer's own sales reports; or
20            (B) national sales data reports obtained by the
21        manufacturer and pro-rated to Illinois by multiplying
22        the weight of the manufacturer's televisions sold
23        nationally by the quotient that results from dividing
24        the population of Illinois by the population of the
25        United States. The population of Illinois and the
26        United States shall be obtained using the most recent

 

 

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1        U.S. census data.
2        (2) The total weight of computers, the total weight of
3    computer monitors, the total weight of printers, the total
4    weight of televisions, and the total weight of EEDs
5    recycled or processed for reuse.
6    (j) By August 15, 2010, computer, computer monitor, and
7printer manufacturers shall submit to the Agency, on forms and
8in a format prescribed by the Agency, a report for the period
9January 1, 2010 through June 30, 2010 that contains the total
10weight of computers, the total weight of computer monitors, the
11total weight of printers, the total weight of televisions, and
12the total weight of EEDs, recycled or processed for reuse.
13    (k) No later than April 1 of program years 2011 and
14thereafter, television manufacturers shall submit to the
15Agency, in the form and manner required by the Agency, a report
16that contains all of the following information for the previous
17program year:
18        (1) The total weight of televisions sold under each of
19    the manufacturer's brands to individuals at retail in this
20    State, from one of the following 2 sources, with the
21    manufacturer indicating in the report which of the two data
22    sources was used, and, if a national sales data report was
23    used, the name of the national sales data source:
24            (a) the manufacturer's own sales reports; or
25            (b) national sales data reports obtained by the
26        manufacturer and pro-rated to Illinois by multiplying

 

 

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1        the weight of the manufacturer's televisions sold
2        nationally by the quotient that results from dividing
3        the population of Illinois by the population of the
4        United States. The population of Illinois and the
5        United States shall be obtained using the most recent
6        U.S. census data.
7        (2) The total weight of computers, the total weight of
8    computer monitors, the total weight of printers, the total
9    weight of televisions, and the total weight of EEDs
10    recycled or processed for reuse.
11        (3) The identification of all weights that are adjusted
12    under subsection (d) of this Section. For all weights
13    adjusted under item (2) of subsection (d), the manufacturer
14    must include copies of the written confirmation required
15    under that subsection.
16        (4) A list of each recycler, refurbisher, and collector
17    used by the manufacturer to fulfill the manufacturer's
18    individual recycling and reuse goal set forth in Section 19
19    of this Act.
20        (5) A summary of the manufacturer's consumer education
21    program required under subsection (m) of this Section.
22    (l) On or before January 31, 2013 and on or before every
23January 31 No later than April 1 of program years 2011 and
24thereafter, computer, computer monitor, and printer, and
25television manufacturers shall submit to the Agency, on forms
26and in a format prescribed by the Agency, a report that

 

 

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1contains all of the following information for the previous
2program year:
3        (1) The the total weight of computers, the total weight
4    of computer monitors, the total weight of printers, the
5    total weight of televisions, and the total weight of EEDs
6    recycled or processed for reuse. ;
7        (2) The the identification of all weights that are
8    adjusted under subsection (d) of this Section. For all
9    weights adjusted under item (2) of subsection (d), the
10    manufacturer must include copies of the written
11    confirmation required under that subsection. ;
12        (3) A a list of each recycler, refurbisher, and
13    collector used by the manufacturer to fulfill the
14    manufacturer's individual recycling and reuse goal set
15    forth in subsection (c) of Section 15 of this Act. ; and
16        (4) A a summary of the manufacturer's consumer
17    education program required under subsection (m) of this
18    Section.
19    (m) Manufacturers must develop and maintain a consumer
20education program that complements and corresponds to the
21primary retailer-driven campaign required under Section 40 of
22this Act. The education program shall promote the recycling of
23electronic products and proper end-of-life management of the
24products by consumers.
25    (n) Beginning January 1 2010, no manufacturer may sell a
26computer, computer monitor, printer, or television in this

 

 

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1State unless the manufacturer is registered with the State as
2required under this Act, has paid the required registration
3fee, and is otherwise in compliance with the provisions of this
4Act.
5    (o) Beginning January 1, 2010, no manufacturer may sell a
6computer, computer monitor, printer, or television in this
7State unless the manufacturer's brand name is permanently
8affixed to, and is readily visible on, the computer, computer
9monitor, printer, or television.
10(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
11    (415 ILCS 150/55)
12    Sec. 55. Collector responsibilities.
13    (a) No later than January 1 of each program year,
14collectors that collect or receive CEDs or EEDs for one or more
15manufacturers, recyclers, or refurbishers shall register with
16the Agency. Registration must be in the form and manner
17required by the Agency and must include, without limitation,
18the address of each location where CEDs or EEDs are received
19and the identification of each location at which the collector
20accepts CEDs or EEDs from a residence.
21    (b) Manufacturers, recyclers, refurbishers also acting as
22collectors shall so indicate on their registration under
23Section 30 or 50 and not register separately as collectors.
24    (c) No later than August 15, 2010, collectors must submit
25to the Agency, on forms and in a format prescribed by the

 

 

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1Agency, a report for the period from January 1, 2010 through
2June 30, 2010 that contains the following information: the
3total weight of computers, the total weight of computer
4monitors, the total weight of printers, the total weight of
5televisions, and the total weight of EEDs collected or received
6for each manufacturer.
7    (d) By January 31 No later than May 1 of each program year,
8collectors must submit to the Agency, on forms and in a format
9prescribed by the Agency, a report that contains the following
10information for the previous program year:
11        (1) The the total weight of computers, the total weight
12    of computer monitors, the total weight of printers, the
13    total weight of televisions, and the total weight of EEDs
14    collected or received for each manufacturer during the
15    previous program year.
16        (2) A a list of each recycler and refurbisher that
17    received CEDs and EEDs from the collector and the total
18    weight each recycler and refurbisher received.
19        (3) The the address of each collector's facility where
20    the CEDs and EEDs were collected or received. Each facility
21    address must include the county in which the facility is
22    located.
23    (e) Collectors may accept no more than 10 CEDs or EEDs at
24one time from individual members of the public and, when
25scheduling collection events, shall provide no fewer than 30
26days' notice to the county waste agency of those events.

 

 

09700HB3424ham002- 25 -LRB097 07437 JDS 52534 a

1(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
2    (415 ILCS 150/60)
3    Sec. 60. Collection strategy for underserved counties.
4    (a) For program year 2010 and 2011, all counties in this
5State except the following are considered underserved:
6Champaign, Clay, Clinton, Cook, DuPage, Fulton, Hancock,
7Henry, Jackson, Kane, Kendall, Knox, Lake, Livingston,
8Macoupin, McDonough, McHenry, McLean, Mercer, Peoria, Rock
9Island, St. Clair, Sangamon, Schuyler, Stevenson, Warren,
10Will, Williamson, and Winnebago.
11    (b) For program year 2012 and each program year thereafter,
12"underserved counties" means those counties within the State of
13Illinois with a population density of not more than than 190
14persons per square mile, based on the most recent U.S. Census
15data. For program years 2011 and later, underserved counties
16shall be counties in this State that, during the program year 2
17years prior, were not served by a minimum of one collection
18site that (i) accepted all types of CEDs and EEDs and (ii) was
19open for a minimum of 8 hours on at least one day per month of
20that program year. For the purposes of this subsection (b),
212009 shall be considered to have been a program year, and for
22the program year 2012 the determination of whether a county is
23underserved shall be based on the criteria of this subsection
24(b) instead of the county's inclusion in the list set forth in
25subsection (a) of this Section.

 

 

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1(Source: P.A. 95-959, eff. 9-17-08.)
 
2    (415 ILCS 150/65)
3    Sec. 65. State government procurement.
4    (a) The Department of Central Management Services shall
5ensure that all bid specifications and contracts for the
6purchase or lease of desktop computers, laptop or notebook
7computers, and computer monitors, by State agencies under a
8statewide master contract require that the electronic products
9have a Bronze performance tier or higher registration under the
10Electronic Product Environmental Assessment Tool ("EPEAT")
11operated by the Green Electronics Council.
12    (b) The Department of Central Management Services shall
13ensure that bid specifications and contracts for the purchase
14or lease of televisions and printers by State agencies under a
15statewide master contract require that the printers or
16televisions have a Bronze performance tier or higher
17registration under EPEAT if the Department determines that
18there are an adequate number of the televisions or printers
19registered under EPEAT to provide a sufficiently competitive
20bidding environment.
21    (c) This Section applies to bid specifications issued, and
22contracts entered into, on or after January 1, 2010.
23(Source: P.A. 95-959, eff. 9-17-08; 96-1154, eff. 7-21-10.)
 
24    Section 99. Effective date. This Act takes effect upon

 

 

09700HB3424ham002- 27 -LRB097 07437 JDS 52534 a

1becoming law.".